The arrest of International Monetary Fund chief Dominique Strauss-Kahn for allegedly sexually assaulting a maid at a Midtown Manhattan hotel has sparked a flurry of questions, not least of which is whether diplomatic immunity can be invoked in the case. Strauss-Kahn’s accuser has stated that he emerged from the bathroom of his hotel room in the nude and proceeded to lock the maid in and assault her twice, before she was able to escape. At a hearing earlier today, Strauss-Kahn pleaded not guilty and a New York Supreme Court judge denied him bail.
However, Strauss-Kahn has reportedly offered an alibi that conflicts with the accuser’s timeline, claiming he checked out of the hotel before the alleged assault and then left to meet his daughter for lunch before taking a taxi to the airport. This alibi can be easily verified by the hotel’s records, which should show when the maid accessed his suite. Meanwhile, at the bail hearing, his defense attorney hinted that the encounter may have been consensual.
The NYPD has stated that Strauss-Kahn does not have diplomatic immunity, and his lawyers have not yet invoked such protections. Nonetheless, some media outlets and experts have speculated as to whether Strauss-Kahn could still attempt to use it as part of a defense strategy.
The International Monetary Fund (IMF) is a United Nations agency, and its officials are granted a certain level of diplomatic immunity. The BBC has provided a comprehensive overview of the issue, which is also covered by a combination of agency regulations, federal laws and international treaties. The scope of this immunity is determined by the IMF’s Articles of Agreement, the US International Organizations Immunity Act and the Vienna Conventions on Diplomatic Relations, and is limited to “official acts”. The exact definition of this is subject to interpretation and has been debated in US courts with varying results.
In April, a federal judge dismissed a civil suit against Lebanon’s ambassador, ruling that hiring household workers was part of the ambassador’s official duties. However, in 2007, a Manhattan court ruled that the Philippines ambassador could not claim immunity when sued by a former maid, as the duties were unrelated to his diplomatic functions.
In the case of IMF Managing Director Dominique Strauss-Kahn, who is charged with five counts of sexual assault and one count of unlawful imprisonment, it is yet to be determined whether diplomatic immunity will be invoked. So far, neither Strauss-Kahn’s lawyers nor the IMF have given any indication that this will be the case. If convicted, Strauss-Kahn faces up to 25 years in prison.
